Cox to Smiley 1815

This Indenture drawn and entered into this Twenty fifth day of February in the year of Christ one thousand and eight hundred and fifteen between John Cox of the County of Floyd and state of Kentucky of the one part and Samuel Smiley of the County of Cabell and state of Virginia of the second part. Witnesseth that the said John Cox for and in consideration of the sum of one dollar of lawfull money of the united states to him the said John Cox in hand paid by the said Samuel Smiley the receipt whereof the said John Cox doth hereby acknowledge have given granted bargained and sold and by these presents do grant bargain sell (?) and confirm unto said Samuel Smiley a certain tract or parcel of land situate in the county of Floyd and state of Kentucky on the left hand fork of Sandy River at and below the mouth of Rock Cassell Creek which land this said Cox purchased of Gilbert Christy and Begins at the Lower End of the first bottom (?) below the mouth of the Rock Cassell Creek on the west side at a sugar tree on the bank of said fork of Sandy River. Thence extending up Sandy and binding thereon passing the falls and crossing the mouth of said Cassell Creek and extending about sixty poles above the mouth of said creek, and up said creek so as to include the Bottom above the mouth of said creek (?) extending across the said creek and over the hill to the Beginning so as to include all the said tract of land which the said Cox bought of a certain Gilbert Christy and includes the said first bottom below the said Rock Cassell Creek on the west side and the house and improvements whereon the said John Cox now resides including sixty acres by the same more or less to have and to hold the said tract or parcel of land with all and singular the appurtenances thereunto belonging or in any wise appertain thereunto thereunto unto the said Samuel Smiley his heirs or assigns forever to the only proper use and behoof of him the said Samuel Smiley his hairs and assigns forever and the said John Cox the aforesaid tract or parcel of land unto the said Samuel Smiley his heirs or assigns shall and will warrant and forever defend against all persons whatever claiming by through as him. In testimony whereof the said John Cox hath hereunto set his hand and seal this day and year first above written signed sealed and acknowledged in presence of William Buffington, Floury Cox, Michael Auxier, Michael Auxier (junior, juvenal, justice?).

 

(signed) John Cox

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DEED John Cox to Samuel Smiley

Tax paid Aug 24th 1815

Floyd County clerk's office 24th of July 1815

J.W. Mayo

 

Recorded in Book A page 228 and examined

Wm. J. Mayo

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I Jonathan Mayo Deputy clerk of the court for this county aforesaid do hereby certify that the foregoing deed was this day produced and proved before me by the oath of Michael Auxier, Floury Cox & Michael Auxier Jr. (subscribing witnesses thereto) to be the act and deed of the within named John Cox subscribing party thereto and that the same is duly recorded in my office according to law. Jon W. Mayo Clerk

 

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There is another notation on this deed that may or may not be associated with it. (Spelling in parentheses is my own.) Although difficult to read, it appears to say:

 

This one the form by making the necary (necessary) change in filling up the necary (necessary) words ------ will dow

 

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Not to be cited without acknowledgement to

Western Historical Manuscript Collection

23 Ellis Library, University of Missouri-Columbia

Columbia, MO 65201

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